Criminal Lunatics Act 1800 - The Act

The Act

No more than four days after the trial of James Hadfield, the prosecution proposed "A Bill for Regulating Trials for High Treason and Misprision of High Treason in certain cases, and for the Safe Custody of Insane Persons Charged with Offenses". This bill included both what was to become the Criminal Lunatics Act 1800 and the Treason Act 1800, but the two sections were separated the day after the initial bill was presented to Parliament.

The terms of the Criminal Lunatics Act applied to people charged with treason, murder, or felony who were acquitted on the grounds of insanity or who appeared to be insane when apprehended, brought in for arraignment, or summoned for discharge due to a lack of prosecution. The procedure for dealing with these people read as follows: “If shall find that such person was insane at the time of the committing such offence, the court before whom such trial shall be had, shall order such person to be kept in strict custody, in such place and in such manner as to the court shall seem fit, until His Majesty’s pleasure shall be known." In essence, the Criminal Lunatics Act required the detention of someone who had committed a crime in a bout of insanity rather than leaving it to the discretion of the judge and jury.

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